1-1 AN ACT
1-2 relating to the issuance of citations to persons arrested for
1-3 certain misdemeanors and to the suspension of sentence and the
1-4 deferral of adjudication in cases involving certain misdemeanor
1-5 traffic offenses.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 543.004, Transportation Code, is amended
1-8 to read as follows:
1-9 Sec. 543.004. NOTICE TO APPEAR REQUIRED[: CERTAIN
1-10 OFFENSES]. (a) Except as provided by Subsection (c), the issuance
1-11 of a written notice to appear as provided by Section 543.003 is
1-12 mandatory and an [An] officer shall issue a written notice to
1-13 appear if:
1-14 (1) the offense charged is a misdemeanor punishable by
1-15 fine only [speeding or a violation of the open container law,
1-16 Section 49.03, Penal Code]; [and]
1-17 (2) the person displays an unexpired driver's license
1-18 or permit issued to the person by the department or by another
1-19 state or country; and
1-20 (3) the person makes a written promise to appear in
1-21 court as provided by Section 543.005.
1-22 (b) If the person is a resident of or is operating a vehicle
1-23 licensed in a state or country other than this state, Subsection
1-24 (a) applies only as provided by Chapter 703.
1-25 (c) Subsection (a) does not require an officer to issue a
2-1 written notice to appear if:
2-2 (1) the arresting officer believes that taking the
2-3 person before a magistrate is necessary to prevent imminent bodily
2-4 injury to the person or another;
2-5 (2) the offense was committed in the presence of the
2-6 arresting officer and the officer believes that because of the
2-7 commission of the offense a substantial risk of harm to the person
2-8 or another exists and will continue to exist unless the person is
2-9 taken before a magistrate;
2-10 (3) the arresting officer believes that the person has
2-11 insufficient ties to the jurisdiction to assure that the person
2-12 will comply with a written notice to appear in court issued under
2-13 Section 543.003 and that there is a substantial likelihood that the
2-14 person would fail or refuse to comply with a written notice to
2-15 appear in court; or
2-16 (4) the arresting officer believes that the person has
2-17 failed to appear without just cause in response to a written notice
2-18 to appear, a citation, a summons, or other legal process issued in
2-19 connection with an offense committed by the person, other than an
2-20 offense involving the parking of a motor vehicle. [The offenses
2-21 specified by Subsection (a) are the only offenses for which
2-22 issuance of a written notice to appear is mandatory.]
2-23 SECTION 2. Article 14.06, Code of Criminal Procedure, is
2-24 amended to read as follows:
2-25 Art. 14.06. MUST TAKE OFFENDER BEFORE MAGISTRATE.
2-26 (a) Except as provided by Subsections [Subsection] (b), (c), (d),
3-1 and (e), in each case enumerated in this Code, the person making
3-2 the arrest shall take the person arrested or have the person [him]
3-3 taken without unnecessary delay before the magistrate who may have
3-4 ordered the arrest, before some magistrate of the county where the
3-5 arrest was made without an order, or, if necessary to provide more
3-6 expeditiously to the person arrested the warnings described by
3-7 Article 15.17 of this Code, before a magistrate in a county
3-8 bordering the county in which the arrest was made. The magistrate
3-9 shall immediately perform the duties described in Article 15.17 of
3-10 this Code.
3-11 (b) A peace officer who is charging a person, including a
3-12 child, with committing an offense that is a Class C misdemeanor,
3-13 other than an offense under Section 49.02, Penal Code, or a traffic
3-14 offense, may, instead of taking the person before a magistrate,
3-15 issue a citation to the person that contains written notice of the
3-16 time and place the person must appear before a magistrate, the name
3-17 and address of the person charged, and the offense charged.
3-18 (c) A peace officer who is charging a person, including a
3-19 child, with committing a traffic offense that is a Class C
3-20 misdemeanor, including an offense under Section 49.03, Penal Code,
3-21 shall, instead of taking the person before a magistrate, issue a
3-22 citation to the person that contains written notice of the time and
3-23 place the person must appear before a magistrate, the name and
3-24 address of the person charged, and the offense charged, if the
3-25 person displays:
3-26 (1) an unexpired driver's license or permit issued to
4-1 the person by the Department of Public Safety or by another state
4-2 or country; or
4-3 (2) an unexpired personal identification certificate
4-4 issued to the person by the department.
4-5 (d) If a person charged as described by Subsection (c) is a
4-6 resident of or is operating a vehicle licensed in a state or
4-7 country other than this state, Subsection (c) applies only as
4-8 provided by Chapter 703, Transportation Code.
4-9 (e) Subsection (c) does not require a peace officer to issue
4-10 a citation if:
4-11 (1) the peace officer making the arrest believes that
4-12 taking the arrested person before a magistrate is necessary to
4-13 prevent imminent bodily injury to the arrested person or another;
4-14 (2) the offense was committed in the presence of the
4-15 peace officer making the arrest and the officer believes that
4-16 because of the commission of the offense a substantial risk of harm
4-17 to the arrested person or another exists and will continue to exist
4-18 unless the arrested person is taken before a magistrate as required
4-19 by Subsection (a);
4-20 (3) the peace officer making the arrest believes that
4-21 the arrested person has insufficient ties to the jurisdiction to
4-22 assure that the arrested person will comply with a citation that
4-23 contains a written notice to appear before a magistrate issued
4-24 under Subsection (a) and that there is a substantial likelihood
4-25 that the arrested person would fail or refuse to comply with the
4-26 written notice to appear before the magistrate; or
5-1 (4) the peace officer making the arrest believes that
5-2 the arrested person has failed to appear without just cause in
5-3 response to a written notice to appear, a citation, a summons, or
5-4 other legal process issued in connection with an offense committed
5-5 by the arrested person, other than an offense involving the parking
5-6 of a motor vehicle.
5-7 SECTION 3. Article 45.051, Code of Criminal Procedure
5-8 (formerly Article 45.54, Code of Criminal Procedure, redesignated
5-9 as Article 45.051 by Chapter 1545, Acts of the 76th Legislature,
5-10 Regular Session, 1999), as amended by Chapters 532, 1387, and 1545,
5-11 Acts of the 76th Legislature, Regular Session, 1999, is reenacted
5-12 and amended to read as follows:
5-13 Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
5-14 DISPOSITION. (a) On a plea of guilty or nolo contendere by a
5-15 defendant or on a finding of guilt in a misdemeanor case punishable
5-16 by fine only and payment of all court costs, the judge [justice]
5-17 may, at the judge's discretion, defer further proceedings without
5-18 entering an adjudication of guilt and place the defendant on
5-19 probation for a period not to exceed 180 days.
5-20 (b) During the deferral period, the judge [justice] may, at
5-21 the judge's discretion, require the defendant to:
5-22 (1) post a bond in the amount of the fine assessed to
5-23 secure payment of the fine;
5-24 (2) pay restitution to the victim of the offense in an
5-25 amount not to exceed the fine assessed;
5-26 (3) submit to professional counseling;
6-1 (4) submit to diagnostic testing for alcohol or a
6-2 controlled substance or drug;
6-3 (5) submit to a psychosocial assessment;
6-4 (6) participate in an alcohol or drug abuse treatment
6-5 or education program;
6-6 (7) pay the costs of any diagnostic testing,
6-7 psychosocial assessment, or participation in a treatment or
6-8 education program either directly or through the court as court
6-9 costs; [and]
6-10 (8) complete a driving safety course approved under
6-11 the Texas Driver and Traffic Safety Education Act (Article
6-12 4413(29c), Vernon's Texas Civil Statutes) or another course as
6-13 directed by the judge; and
6-14 (9) comply with any other reasonable condition.
6-15 (c) The [At the conclusion of the deferral period, if the]
6-16 defendant must present to the court [presents] satisfactory
6-17 evidence that the defendant [he] has complied with the requirements
6-18 imposed by[,] the judge under this article before the conclusion of
6-19 the deferral period. If satisfactory evidence is timely presented
6-20 to the court, the judge [justice] shall dismiss the complaint, and
6-21 it shall be clearly noted in the docket that the complaint is
6-22 dismissed and that there is not a final conviction. [Otherwise,
6-23 the justice may proceed with an adjudication of guilt. After an
6-24 adjudication of guilt, the justice may reduce the fine assessed or
6-25 may then impose the fine assessed, less any portion of the assessed
6-26 fine that has been paid.] If the complaint is dismissed, a special
7-1 expense not to exceed the amount of the fine assessed may be
7-2 imposed.
7-3 (d) If by [at] the conclusion of the deferral period the
7-4 defendant does not present satisfactory evidence that the defendant
7-5 complied with the requirements imposed, the judge [justice] may
7-6 impose the fine assessed or impose a lesser fine. The imposition
7-7 of the fine or lesser fine constitutes a final conviction of the
7-8 defendant.
7-9 (e) Records relating to a complaint dismissed as provided by
7-10 this article may be expunged under Article 55.01 [of this code].
7-11 If a complaint is dismissed under this article, there is not a
7-12 final conviction and the complaint may not be used against the
7-13 person for any purpose.
7-14 (f) This article does not apply to an offense to which
7-15 Section 542.404 or 729.004(b), Transportation Code, applies.
7-16 (g) This article does not apply to a person who holds a
7-17 commercial driver's license and commits:
7-18 (1) a serious traffic violation involving the
7-19 operation of a motor vehicle or a commercial motor vehicle; or
7-20 (2) a drug or alcohol offense involving the operation
7-21 of any motor vehicle.
7-22 (h) In this article, "serious traffic violation" means a
7-23 traffic violation arising from the driving of a motor vehicle,
7-24 other than a parking, vehicle weight, or vehicle defect violation,
7-25 that involves:
7-26 (1) excessive speeding, involving a single charge of
8-1 driving 15 miles per hour or more above the posted speed limit;
8-2 (2) reckless driving, as defined by state or local
8-3 law;
8-4 (3) a violation of a state or local law related to
8-5 motor vehicle traffic control, including a law regulating the
8-6 operation of vehicles on highways, arising in connection with a
8-7 fatal accident;
8-8 (4) improper or erratic traffic lane change; or
8-9 (5) following the vehicle ahead too closely.
8-10 SECTION 4. Article 45.0511, Code of Criminal Procedure, as
8-11 added by Chapter 1545, Acts of the 76th Legislature, Regular
8-12 Session, 1999, is reenacted and amended to read as follows:
8-13 Art. 45.0511. DRIVING SAFETY COURSE OR MOTORCYCLE OPERATOR
8-14 COURSE DISMISSAL [DEFERRED DISPOSITION] PROCEDURES [APPLICABLE TO
8-15 TRAFFIC OFFENSES]. (a) This article applies only to an alleged
8-16 offense that:
8-17 (1) is within the jurisdiction of a justice court or a
8-18 municipal court;
8-19 (2) involves [involving] the operation of a motor
8-20 vehicle; and
8-21 (3) is [other than a commercial motor vehicle, as]
8-22 defined by:
8-23 (A) Section 472.022 [522.003], Transportation
8-24 Code;
8-25 (B) Subtitle C, Title 7, Transportation Code; or
8-26 (C) Section 729.001(a)(3), Transportation Code[,
9-1 and supplements Article 45.051].
9-2 (b) The judge [During the deferral period under Article
9-3 45.051, the justice:]
9-4 [(1)] shall require the defendant to successfully
9-5 complete a driving safety course approved by the Texas Education
9-6 Agency or a course under the motorcycle operator training and
9-7 safety program approved by the designated state agency under
9-8 Chapter 662, Transportation Code, if:
9-9 (1) the defendant elects driving safety course or
9-10 motorcycle operator training course dismissal under this article;
9-11 (2) [deferred disposition and] the defendant has not
9-12 completed an approved driving safety course or motorcycle operator
9-13 training course, as appropriate, within the [preceding] 12 months
9-14 preceding the date of the offense;
9-15 (3) [and]
9-16 [(2) may require the defendant to successfully
9-17 complete a driving safety course approved by the Texas Education
9-18 Agency if the defendant has completed an approved driving safety
9-19 course within the preceding 12 months.]
9-20 [(c) Subsection (b)(1) applies only if:]
9-21 [(1)] the defendant [person] enters a plea under
9-22 Article 45.021 [in person or in writing] of no contest or guilty on
9-23 or [and,] before the answer date on the notice to appear and:
9-24 (A) presents in person or by counsel to the
9-25 court a [an oral or written] request to take a course; or
9-26 (B) sends to the court by certified mail, return
10-1 receipt requested, postmarked on or before the answer date on the
10-2 notice to appear, a written request to take a course;
10-3 (4) [(2) the court enters judgment on the person's
10-4 plea of no contest or guilty at the time the plea is made but
10-5 defers imposition of the judgment for 180 days;]
10-6 [(3)] the defendant [person] has a valid Texas
10-7 driver's license or permit;
10-8 (5) [(4)] the defendant [person] is charged with an
10-9 offense to which this article applies, other than speeding 25 miles
10-10 per hour or more over the posted speed limit; and
10-11 (6) [(5)] the defendant [person] provides evidence of
10-12 financial responsibility as required by Chapter 601, Transportation
10-13 Code[;]
10-14 [(6) the defendant's driving record as maintained by
10-15 the Texas Department of Public Safety shows the defendant has not
10-16 completed an approved driving safety course or motorcycle operator
10-17 training course, as appropriate, within the 12 months preceding the
10-18 date of the offense; and]
10-19 [(7) the defendant files an affidavit with the court
10-20 stating that the person is not taking a course under this section
10-21 and has not completed a course that is not shown on the person's
10-22 driving record within the 12 months preceding the date of the
10-23 offense].
10-24 (c) The court shall enter judgment on the defendant's plea
10-25 of no contest or guilty at the time the plea is made, defer
10-26 imposition of the judgment, and allow the defendant:
11-1 (1) 90 days to successfully complete the approved
11-2 driving safety course or motorcycle operator training course; and
11-3 (2) 30 additional days to present to the court:
11-4 (A) a uniform certificate of completion of the
11-5 driving safety course or a verification of completion of the
11-6 motorcycle operator training course;
11-7 (B) the defendant's driving record as maintained
11-8 by the Department of Public Safety showing that the defendant had
11-9 not completed an approved driving safety course or motorcycle
11-10 operator training course, as applicable, within the 12 months
11-11 preceding the date of the offense; and
11-12 (C) an affidavit stating that the defendant was
11-13 not taking a driving safety course or motorcycle operator training
11-14 course, as applicable, under this article on the date the request
11-15 to take the course was made and had not completed such a course
11-16 that is not shown on the defendant's driving record within the 12
11-17 months preceding the date of the offense.
11-18 (d) Notwithstanding Subsections (b)(2) and (3), [Subsection
11-19 (c)(1), on a written motion submitted to the court] before the
11-20 final disposition of the case, the court may grant a request to
11-21 take a driving safety course or a motorcycle operator training
11-22 course under this article.
11-23 (e) A request to take a driving safety course made at or
11-24 before the time and at the place at which a defendant [person] is
11-25 required to appear in court is an appearance in compliance with the
11-26 defendant's [person's] promise to appear.
12-1 (f) In addition to court costs and fees authorized or
12-2 imposed by a law of this state and applicable to the offense, the
12-3 [The] court may:
12-4 (1) require a defendant [person] requesting a [driving
12-5 safety] course under Subsection (b) to pay an administrative [a]
12-6 fee set by the court to cover the cost of administering this
12-7 article at an amount of not more than $10; or
12-8 (2) require a defendant requesting a course under
12-9 Subsection (d) to pay a fee set by the court at an amount not to
12-10 exceed the maximum amount of the fine for the offense committed by
12-11 the defendant[, including any other fee authorized by statute or
12-12 municipal ordinance, to cover the cost of administering this
12-13 article].
12-14 (g) A defendant [person] who requests but does not take a
12-15 course is not entitled to a refund of the fee.
12-16 (h) Fees collected by a municipal court shall be deposited
12-17 in the municipal treasury. Fees collected by another court shall
12-18 be deposited in the county treasury of the county in which the
12-19 court is located.
12-20 (i) If a defendant [person] requesting a [driving safety]
12-21 course under this article fails to comply with Subsection (c)(1) or
12-22 (2) [furnish evidence of the successful completion of the course to
12-23 the court], the court shall:
12-24 (1) notify the defendant [person] in writing, mailed
12-25 to the address on file with the court or appearing on the notice to
12-26 appear, of that failure; and
13-1 (2) require the defendant [person] to appear at the
13-2 time and place stated in the notice to show cause why the evidence
13-3 was not timely submitted to the court.
13-4 (j) If the defendant [A person who] fails to appear at the
13-5 time and place stated in the notice under Subsection (i), or
13-6 appears at the time and place stated in the notice but does not
13-7 show good cause for the defendant's failure to comply with
13-8 Subsection (c)(1) or (2), the court shall enter an adjudication of
13-9 guilt and impose sentence [commits a misdemeanor punishable as
13-10 provided by Section 543.009, Transportation Code].
13-11 (k) On a defendant's [person's] showing of good cause for
13-12 failure to furnish evidence to the court, the court may allow an
13-13 extension of time during which the defendant [person] may present:
13-14 (1) a uniform certificate of course completion as
13-15 evidence that the defendant [person] successfully completed the
13-16 driving safety course; or
13-17 (2) a verification of course completion as evidence
13-18 that the defendant successfully completed the motorcycle operator
13-19 training course.
13-20 (l) When a defendant [person] complies with Subsections
13-21 (c)(1) and (2) [Subsection (b) and a uniform certificate of course
13-22 completion is accepted by the court], the court shall:
13-23 (1) remove the judgment and dismiss the charge;
13-24 (2) report the fact that the defendant [person]
13-25 successfully completed a driving safety course or a motorcycle
13-26 operator training course and the date of completion to the Texas
14-1 Department of Public Safety for inclusion in the person's driving
14-2 record; and
14-3 (3) state in that [this] report whether the course was
14-4 taken under [the procedure provided by] this article to provide
14-5 information necessary to determine eligibility to take a subsequent
14-6 course under Subsection (b).
14-7 (m) The court may dismiss only one charge for each
14-8 completion of a course.
14-9 (n) A charge that is dismissed under this article may not be
14-10 part of a person's driving record or used for any purpose.
14-11 (o) An insurer delivering or issuing for delivery a motor
14-12 vehicle insurance policy in this state may not cancel or increase
14-13 the premium charged an insured under the policy because the insured
14-14 completed a driving safety course or a motorcycle operator training
14-15 course, or had a charge dismissed under this article.
14-16 (p) The court shall advise a defendant [person] charged with
14-17 a misdemeanor under Section 472.022, Transportation Code, Subtitle
14-18 C, Title 7, Transportation Code, or Section 729.001(a)(3),
14-19 Transportation Code, committed while operating a motor vehicle of
14-20 the defendant's [person's] right under this article to successfully
14-21 complete a driving safety course or, if the offense was committed
14-22 while operating a motorcycle, a motorcycle operator training
14-23 course. The right to complete a course does not apply to a
14-24 defendant [person] charged with:
14-25 (1) a violation of Section 545.066, [545.401,
14-26 545.421,] 550.022, or 550.023, Transportation Code;
15-1 (2) a[, or] serious traffic violation; or
15-2 (3) an offense to which Section 542.404 or 729.004(b),
15-3 Transportation Code, applies [as defined by Section 522.003,
15-4 Transportation Code].
15-5 (q) A notice to appear issued for an offense to which this
15-6 article applies must inform a defendant charged with an offense
15-7 under Section 472.022, Transportation Code, an offense under
15-8 Subtitle C, Title 7, Transportation Code, or an offense under
15-9 Section 729.001(a)(3), Transportation Code, committed while
15-10 operating a motor vehicle of the defendant's right to complete a
15-11 driving safety course or, if the offense was committed while
15-12 operating a motorcycle, of the defendant's right to complete a
15-13 motorcycle operator training course. The notice required by this
15-14 subsection must read substantially as follows:
15-15 "You may be able to require that this charge be dismissed by
15-16 successfully completing a driving safety course or a motorcycle
15-17 operator training course. You will lose that right if, on or
15-18 before your appearance date, you do not provide the court with
15-19 notice of your request to take the course."
15-20 (r) If the notice required by Subsection (q) is not provided
15-21 to the defendant charged with the offense, the defendant may
15-22 continue to exercise the defendant's right to take a driving safety
15-23 course or a motorcycle operator training course until the notice
15-24 required by Subsection (q) is provided to the defendant or there is
15-25 a final disposition of the case.
15-26 (s) This article does not apply to a person who holds a
16-1 commercial driver's license and commits:
16-2 (1) a serious traffic violation involving the
16-3 operation of a motor vehicle or a commercial motor vehicle; or
16-4 (2) a drug or alcohol offense involving the operation
16-5 of any motor vehicle.
16-6 (t) In this article, "serious traffic violation" means a
16-7 traffic violation arising from the driving of a motor vehicle,
16-8 other than a parking, vehicle weight, or vehicle defect violation,
16-9 that involves:
16-10 (1) excessive speeding, involving a single charge of
16-11 driving 15 miles per hour or more above the posted speed limit;
16-12 (2) reckless driving, as defined by state or local
16-13 law;
16-14 (3) a violation of a state or local law related to
16-15 motor vehicle traffic control, including a law regulating the
16-16 operation of vehicles on highways, arising in connection with a
16-17 fatal accident;
16-18 (4) improper or erratic traffic lane change; or
16-19 (5) following the vehicle ahead too closely.
16-20 SECTION 5. Subsection (f), Section 472.022, Transportation
16-21 Code, is amended to read as follows:
16-22 (f) Articles 45.051 and 45.0511 [Article 45.54], Code of
16-23 Criminal Procedure, do [does] not apply to an offense under this
16-24 section committed in a construction or maintenance work zone when
16-25 workers are present.
16-26 SECTION 6. The following laws are repealed:
17-1 (1) Article 45.541, Code of Criminal Procedure, as
17-2 added by Chapter 1387, Acts of the 76th Legislature, Regular
17-3 Session, 1999;
17-4 (2) Section 543.101, Transportation Code; and
17-5 (3) Section 543.117, Transportation Code.
17-6 SECTION 7. (a) This Act takes effect September 1, 2001.
17-7 (b) The change in law made by this Act applies only to an
17-8 offense committed on or after September 1, 2001.
17-9 (c) An offense committed before September 1, 2001, is
17-10 covered by the law in effect when the offense was committed, and
17-11 the former law is continued in effect for that purpose. For
17-12 purposes of this section, an offense was committed before September
17-13 1, 2001, if any element of the offense was committed before that
17-14 date.
S.B. No. 730
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 730 passed the Senate on
March 27, 2001, by a viva-voce vote; May 22, 2001, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 24, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 730 passed the House, with
amendments, on May 18, 2001, by a non-record vote; May 24, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor